final pay check.

[akatrubbleone]

I was just let go yesterday, 8:30am. I thought that the employeer had to hand the final pay check as you walked out the door. I live in California. It has been over 24 hours and still no check.
Thanks.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.


Depending on what you do: 24 or 72 hours.


201.5. An employer who lays off an employee engaged in the
production of motion pictures, whose unusual or uncertain terms of
employment require special computation in order to ascertain the
amount due, shall be deemed to have made immediate payment of wages
within the meaning of Section 201 if the wages of the employee are
paid by the next regular payday, as prescribed by Section 204,
following the layoff. For purposes of this section, "layoff" means
the termination of employment of an employee where the employee
retains eligibility for reemployment with the employer. For purposes
of this section, "discharge" means the unconditional termination of
employment of an employee. However, if an employee is discharged,
payment of wages shall be made within 24 hours after discharge,
excluding Saturdays, Sundays, and holidays. For purposes of this
section, a payment required by this section may be mailed and the
date of mailing is the date of payment.
The Legislature finds and determines that special provision must
be made for the payment of wages on layoff and discharge of persons
engaged in the production of motion pictures because their employment
at various locations is often far removed from the employer's
principal administrative offices and the unusual hours of their
employment in this industry is often geared to the completion of a
portion of a picture, which time of completion may have no relation
to normal working hours.



201.7. An employer who lays off an employee or a group of employees
engaged in the business of oil drilling shall be deemed to have made
immediate payment within the meaning of Section 201 if the wages of
such employees are paid within such reasonable time as may be
necessary for computation or payment thereof; provided, however, that
such reasonable time shall not exceed 24 hours after discharge
excluding Saturdays, Sundays, and holidays; and provided further,
such payment may be mailed and the date of mailing is the date of
payment.


The Legislature finds and determines that special provision must
be made for the payment of wages on discharge of employees engaged in
oil drilling because their employment at various locations is often
far removed from the employer's principal administrative offices,
which makes the computation and payment of wages on an immediate
basis unduly burdensome.



202. If an employee not having a written contract for a definite
period quits his or her employment, his or her wages shall become due
and payable not later than 72 hours thereafter, unless the employee
has given 72 hours previous notice of his or her intention to quit,
in which case the employee is entitled to his or her wages at the
time of quitting. Notwithstanding any other provision of law, an
employee who quits without providing a 72-hour notice shall be
entitled to receive payment by mail if he or she so requests and
designates a mailing address. The date of the mailing shall
constitute the date of payment for purposes of the requirement to
provide payment within 72 hours of the notice of quitting.



203. If an employer willfully fails to pay, without abatement or
reduction, in accordance with Sections 201, 201.5, 202, and 205.5,
any wages of an employee who is discharged or who quits, the wages of
the employee shall continue as a penalty from the due date thereof
at the same rate until paid or until an action therefor is commenced;
but the wages shall not continue for more than 30 days. An employee
who secretes or absents himself or herself to avoid payment to him
or her, or who refuses to receive the payment when fully tendered to
him or her, including any penalty then accrued under this section, is
not entitled to any benefit under this section for the time during
which he or she so avoids payment.
Suit may be filed for these penalties at any time before the
expiration of the statute of limitations on an action for the wages
from which the penalties arise.



http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=lab&codebody=&hits=20